Common use of Relationship of Agreement to the Original Agreement Clause in Contracts

Relationship of Agreement to the Original Agreement. The Original Agreement was initially executed and delivered by the Issuer and the Company in connection with the issuance and sale of the Series A Bonds and was supplemented and amended from time to time thereafter in connection with the issuance and sale of the Series B, C, D, E, F, G and H Bonds. Under the terms of the Original Agreement, the Issuer agreed to finance, acquire, construct, install and equip the Project and to sell the Project to the Company. The Company agreed, inter alia, to assist the Issuer in the implementation of the Project and to purchase the Project for a purchase price payable in installments due at such times and in such amounts as would provide funds sufficient to pay the principal of, premium, if any, and interest on all bonds issued under the Original Indenture when due, whether at stated maturity upon redemption or acceleration, or otherwise. The Issuer and the Company have heretofore arranged for the redemption of the Series A Bonds, the Series B Bonds, the Series C Bonds, the Series F Bonds and the Series D Bonds and as a result, the installment payments currently required of the Company under the Original Agreement relate only to the Series E, G and H Bonds. Upon the redemption of the Series E Bonds from proceeds of the Bonds, the 1995 Series C Bonds and the 1995 Series D Bonds, the Company will no longer be obligated to make installment payments under the Original Agreement with respect to the Series E Bonds but will retain its obligations with respect to the Series G and H Bonds. By their execution and delivery of this Agreement, which is intended to be complementary to the Original Agreement, the Issuer and the Company ratify and confirm the sale of the Project to the Company pursuant to the Original Agreement, agree to continue the Original Agreement in full force and effect except for the provisions thereof requiring the Company to make purchase price payments related to bonds of the Issuer which have been fully paid and redeemed, and agree that from and after the date of this Agreement the Company will make additional purchase price payments in installments due at such times and in such amounts as will provide funds sufficient to pay the principal of, premium, if any, interest on, and purchase price of all Bonds issued under the Indenture. The parties acknowledge and confirm that the Issuer's agreement to issue the Bonds and to apply the proceeds thereof to the redemption of the Series E Bonds (thereby reducing the Company's payment obligations under the Original Agreement) constitutes fair and adequate consideration for the additional obligations undertaken by the Company pursuant to this Agreement. To the extent that any statement in, or provision of, this Agreement conflicts with the Original Agreement, the provisions of this Agreement shall be deemed to control.

Relationship of Agreement to the Original Agreement. The Original Agreement was initially and the Prior Supplementary Agreements were executed and delivered by the Issuer and the Company in connection with the issuance and sale of the Series A Bonds and was supplemented and amended from time to time thereafter in connection with the issuance and sale of Prior Bonds, including the Series B, C, D, E, F, G and H 1994 Bonds. Under the terms of the Original Agreement, the Issuer agreed to finance, acquire, construct, install and equip the Project and to sell the Project to the Company. The Company agreed, inter alia, to assist the Issuer in the implementation of the Project and to purchase the Project for a purchase price payable in installments due at such times and in such amounts as would provide funds sufficient to pay the principal of, premium, if any, and interest on all bonds issued under the Original Indenture Prior Bonds when due, whether at stated maturity upon redemption or acceleration, or otherwise. The Issuer and the Company have heretofore arranged for the redemption of the Series A Bonds, the Series B Bonds, the Series C Bonds, the Series F Bonds and the Series D Bonds and as a result, the installment payments currently required of the Company under the Original Agreement relate only to the Series E, G and H Bonds. Upon the redemption of the Series E 1994 Bonds from proceeds of the Bonds, the 1995 Series C 1999-A Bonds and the 1995 Series D 1999-B Bonds, the Company will no longer be obligated to make installment payments under the Original Agreement Prior Supplementary Agreements with respect to the Series E Bonds but will retain its obligations with respect to the Series G and H 1994 Bonds. By their execution and delivery of this Agreement, which is intended to be complementary to the Original AgreementAgreement and the Prior Supplementary Agreements, the Issuer and the Company ratify and confirm the sale of the Project to the Company pursuant to the Original Agreement, agree to continue the Original Agreement and the Prior Supplementary Agreements in full force and effect effect, except for the provisions thereof requiring the Company to make purchase price payments related to bonds of the Issuer which have been fully paid and redeemed, and agree that that, from and after the date of this Agreement Agreement, the Company will make additional purchase price payments in installments due at such times and in such amounts as will provide funds sufficient to pay the principal of, premium, if any, interest on, and purchase price of all Bonds issued under the Indenture. The parties acknowledge and confirm that the Issuer's agreement to issue the Bonds and to apply the proceeds thereof to the redemption of the Series E 1994 Bonds (thereby reducing the Company's payment obligations under the Original AgreementPrior Supplementary Agreements) constitutes fair and adequate consideration for the additional obligations undertaken by the Company pursuant to this Agreement. To the extent that any statement in, or provision of, this Agreement conflicts with the Original AgreementAgreement or the Prior Supplementary Agreements, the provisions of this Agreement shall be deemed to control.

Relationship of Agreement to the Original Agreement. The Original Agreement was initially and the Prior Supplementary Agreements were executed and delivered by the Issuer and the Company in connection with the issuance and sale of the Series A Bonds and was supplemented and amended from time to time thereafter in connection with the issuance and sale of Prior Bonds, including the Series B, C, D, E, F, G and H 1994 Bonds. Under the terms of the Original Agreement, the Issuer agreed to finance, acquire, construct, install and equip the Project and to sell the Project to the Company. The Company agreed, inter alia, to assist the Issuer in the implementation of the Project and to purchase the Project for a purchase price payable in installments due at such times and in such amounts as would provide funds sufficient to pay the principal of, premium, if any, and interest on all bonds issued under the Original Indenture Prior Bonds when due, whether at stated maturity upon redemption or acceleration, or otherwise. The Issuer and the Company have heretofore arranged for the redemption of the Series A Bonds, the Series B Bonds, the Series C Bonds, the Series F Bonds and the Series D Bonds and as a result, the installment payments currently required of the Company under the Original Agreement relate only to the Series E, G and H Bonds. Upon the redemption of the Series E 1994 Bonds from proceeds of the Bonds, the 1995 Series C 1999-A Bonds and the 1995 Series D 1999-C Bonds, the Company will no longer be obligated to make installment payments under the Original Agreement Prior Supplementary Agreements with respect to the Series E Bonds but will retain its obligations with respect to the Series G and H 1994 Bonds. By their execution and delivery of this Agreement, which is intended to be complementary to the Original AgreementAgreement and the Prior Supplementary Agreements, the Issuer and the Company ratify and confirm the sale of the Project to the Company pursuant to the Original Agreement, agree to continue the Original Agreement and the Prior Supplementary Agreements in full force and effect effect, except for the provisions thereof requiring the Company to make purchase price payments related to bonds of the Issuer which have been fully paid and redeemed, and agree that that, from and after the date of this Agreement Agreement, the Company will make additional purchase price payments in installments due at such times and in such amounts as will provide funds sufficient to pay the principal of, premium, if any, interest on, and purchase price of all Bonds issued under the Indenture. The parties acknowledge and confirm that the Issuer's agreement to issue the Bonds and to apply the proceeds thereof to the redemption of the Series E 1994 Bonds (thereby reducing the Company's payment obligations under the Original AgreementPrior Supplementary Agreements) constitutes fair and adequate consideration for the additional obligations undertaken by the Company pursuant to this Agreement. To the extent that any statement in, or provision of, this Agreement conflicts with the Original AgreementAgreement or the Prior Supplementary Agreements, the provisions of this Agreement shall be deemed to control.

Relationship of Agreement to the Original Agreement. The Original Agreement was initially executed and delivered by the Issuer and the Company in connection with the issuance and sale of the Series A Bonds and was supplemented and amended from time to time thereafter in connection with the issuance and sale of the Series B, C, D, E, F, G and H Bonds. Under the terms of the Original Agreement, the Issuer agreed to finance, acquire, construct, install and equip the Project and to sell the Project to the Company. The Company agreed, inter alia, to assist the Issuer in the implementation of the Project and to purchase the Project for a purchase price payable in installments due at such times and in such amounts as would provide funds sufficient to pay the principal of, premium, if any, and interest on all bonds issued under the Original Indenture when due, whether at stated maturity upon redemption or acceleration, or otherwise. The Issuer and the Company have heretofore arranged for the redemption of the Series A Bonds, the Series B Bonds, the Series C Bonds, the Series F D Bonds, the Series E Bonds and the Series D F Bonds and as a result, the installment payments currently required of the Company under the Original Agreement relate only to the Series E, G and H Bonds. Upon the redemption of the Series E G Bonds from proceeds of the Bonds, the 1995 Series C Bonds and the 1995 Series D Bonds, the Company will no longer be obligated to make installment payments under the Original Agreement with respect to the Series E G Bonds but will retain its obligations with respect to the Series G and H Bonds. By their execution and delivery of this Agreement, which is intended to be complementary to the Original Agreement, the Issuer and the Company ratify and confirm the sale of the Project to the Company pursuant to the Original Agreement, agree to continue the Original Agreement in full force and effect except for the provisions thereof requiring the Company to make purchase price payments related to bonds of the Issuer which have been fully paid and redeemed, and agree that from and after the date of this Agreement the Company will make additional purchase price payments in installments due at such times and in such amounts as will provide funds sufficient to pay the principal of, premium, if any, interest on, and purchase price of all Bonds issued under the Indenture. The parties acknowledge and confirm that the Issuer's agreement to issue the Bonds and to apply the proceeds thereof to the redemption of the Series E G Bonds (thereby reducing the Company's payment obligations under the Original Agreement) constitutes fair and adequate consideration for the additional obligations undertaken by the Company pursuant to this Agreement. To the extent that any statement in, or provision of, this Agreement conflicts with the Original Agreement, the provisions of this Agreement shall be deemed to control.

Relationship of Agreement to the Original Agreement. The Original Agreement was initially and the Prior Supplementary Agreements were executed and delivered by the Issuer and the Company in connection with the issuance and sale of the Series A Bonds and was supplemented and amended from time to time thereafter in connection with the issuance and sale of Prior Bonds, including the Series B, C, D, E, F, G and H 1994 Bonds. Under the terms of the Original Agreement, the Issuer agreed to finance, acquire, construct, install and equip the Project and to sell the Project to the Company. The Company agreed, inter alia, to assist the Issuer in the implementation of the Project and to purchase the Project for a purchase price payable in installments due at such times and in such amounts as would provide funds sufficient to pay the principal of, premium, if any, and interest on all bonds issued under the Original Indenture Prior Bonds when due, whether at stated maturity upon redemption or acceleration, or otherwise. The Issuer and the Company have heretofore arranged for the redemption of the Series A Bonds, the Series B Bonds, the Series C Bonds, the Series F Bonds and the Series D Bonds and as a result, the installment payments currently required of the Company under the Original Agreement relate only to the Series E, G and H Bonds. Upon the redemption of the Series E 1994 Bonds from proceeds of the Bonds, the 1995 Series C 1999-B Bonds and the 1995 Series D 1999-C Bonds, the Company will no longer be obligated to make installment payments under the Original Agreement Prior Supplementary Agreements with respect to the Series E Bonds but will retain its obligations with respect to the Series G and H 1994 Bonds. By their execution and delivery of this Agreement, which is intended to be complementary to the Original AgreementAgreement and the Prior Supplementary Agreements, the Issuer and the Company ratify and confirm the sale of the Project to the Company pursuant to the Original Agreement, agree to continue the Original Agreement and the Prior Supplementary Agreements in full force and effect effect, except for the provisions thereof requiring the Company to make purchase price payments related to bonds of the Issuer which have been fully paid and redeemed, and agree that that, from and after the date of this Agreement Agreement, the Company will make additional purchase price payments in installments due at such times and in such amounts as will provide funds sufficient to pay the principal of, premium, if any, interest on, and purchase price of all Bonds issued under the Indenture. The parties acknowledge and confirm that the Issuer's agreement to issue the Bonds and to apply the proceeds thereof to the redemption of the Series E 1994 Bonds (thereby reducing the Company's payment obligations under the Original AgreementPrior Supplementary Agreements) constitutes fair and adequate consideration for the additional obligations undertaken by the Company pursuant to this Agreement. To the extent that any statement in, or provision of, this Agreement conflicts with the Original AgreementAgreement or the Prior Supplementary Agreements, the provisions of this Agreement shall be deemed to control.

Relationship of Agreement to the Original Agreement. The Original Agreement was initially executed and delivered by the Issuer and the Company in connection with the issuance and sale of the Series A Bonds and was supplemented and amended from time to time thereafter in connection with the issuance and sale of the Series B, C, D, E, F, G and H Bonds. Under the terms of the Original Agreement, the Issuer agreed to finance, acquire, construct, install and equip the Project and to sell the Project to the Company. The Company agreed, inter alia, to assist the Issuer in the implementation of the Project and to purchase the Project for a purchase price payable in installments due at such times and in such amounts as would provide funds sufficient to pay the principal of, premium, if any, and interest on all bonds issued under the Original Indenture when due, whether at stated maturity upon redemption or acceleration, or otherwise. The Issuer and the Company have heretofore arranged for the redemption of the Series A Bonds, the Series B Bonds, the Series C Bonds, the Series F Bonds and the Series D Bonds and as a result, the installment payments currently required of the Company under the Original Agreement relate only to the Series E, G and H Bonds. Upon the redemption of the Series E Bonds from proceeds of the Bonds, the 1995 Series C Bonds and the 1995 Series D E Bonds, the Company will no longer be obligated to make installment payments under the Original Agreement with respect to the Series E Bonds but will retain its obligations with respect to the Series G and H Bonds. By their execution and delivery of this Agreement, which is intended to be complementary to the Original Agreement, the Issuer and the Company ratify and confirm the sale of the Project to the Company pursuant to the Original Agreement, agree to continue the Original Agreement in full force and effect except for the provisions thereof requiring the Company to make purchase price payments related to bonds of the Issuer which have been fully paid and redeemed, and agree that from and after the date of this Agreement the Company will make additional purchase price payments in installments due at such times and in such amounts as will provide funds sufficient to pay the principal of, premium, if any, interest on, and purchase price of all Bonds issued under the Indenture. The parties acknowledge and confirm that the Issuer's agreement to issue the Bonds and to apply the proceeds thereof to the redemption of the Series E Bonds (thereby reducing the Company's payment obligations under the Original Agreement) constitutes fair and adequate consideration for the additional obligations undertaken by the Company pursuant to this Agreement. To the extent that any statement in, or provision of, this Agreement conflicts with the Original Agreement, the provisions of this Agreement shall be deemed to control.

Relationship of Agreement to the Original Agreement. The Original Agreement was initially executed and delivered by the Issuer and the Company in connection with the issuance and sale of the Series A Bonds and was supplemented and amended from time to time thereafter in connection with the issuance and sale of the Series B, C, D, E, F, G and H Bonds. Under the terms of the Original Agreement, the Issuer agreed to finance, acquire, construct, install and equip the Project and to sell the Project to the Company. The Company agreed, inter alia, to assist the Issuer in the implementation of the Project and to purchase the Project for a purchase price payable in installments due at such times and in such amounts as would provide funds sufficient to pay the principal of, premium, if any, and interest on all bonds issued under the Original Indenture when due, whether at stated maturity upon redemption or acceleration, or otherwise. The Issuer and the Company have heretofore arranged for the redemption of the Series A Bonds, the Series B Bonds, the Series C Bonds, the Series F Bonds and the Series D Bonds and as a result, the installment payments currently required of the Company under the Original Agreement relate only to the Series E, G and H Bonds. Upon the redemption of the Series E Bonds from proceeds of the Bonds, the 1995 Series C D Bonds and the 1995 Series D E Bonds, the Company will no longer be obligated to make installment payments under the Original Agreement with respect to the Series E Bonds but will retain its obligations with respect to the Series G and H Bonds. By their execution and delivery of this Agreement, which is intended to be complementary to the Original Agreement, the Issuer and the Company ratify and confirm the sale of the Project to the Company pursuant to the Original Agreement, agree to continue the Original Agreement in full force and effect except for the provisions thereof requiring the Company to make purchase price payments related to bonds of the Issuer which have been fully paid and redeemed, and agree that from and after the date of this Agreement the Company will make additional purchase price payments in installments due at such times and in such amounts as will provide funds sufficient to pay the principal of, premium, if any, interest on, and purchase price of all Bonds issued under the Indenture. The parties acknowledge and confirm that the Issuer's agreement to issue the Bonds and to apply the proceeds thereof to the redemption of the Series E Bonds (thereby reducing the Company's payment obligations under the Original Agreement) constitutes fair and adequate consideration for the additional obligations undertaken by the Company pursuant to this Agreement. To the extent that any statement in, or provision of, this Agreement conflicts with the Original Agreement, the provisions of this Agreement shall be deemed to control.